Narasingha Charan Nayak v. The State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.5753 of 2022 Narasingha Charan Nayak ....

Petitioner Mr. Ashok Das, Adv.

-versusState of Orissa and Ors.

....

Opposite Parties Mr. Biswajit Mohanty, AGA (For S & ME Deptt.)

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

31.03.2022 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. Heard.

3. The petitioner has filed this writ petition challenging the order dated 31.12.2020 passed by the Block Education Officer, Rayagada, District- Gajapati terminating him from service.

4. Learned counsel for the petitioner submits that the petitioner was serving as an Assistant Teacher under Rayagada Block. While he was continuing in the said post, he was appointed as 1st Polling Officer for 3-Tire Panchayat Raj Election in the year 2012. He was also directed to attend the training programme on the scheduled date as per the appointment under the concerned Block Development Officer. The petitioner did not attend the training programme for which he was put under suspension by the opposite party No.3- Collector-cum-District Election Officer, Gajapati on 21.02.2012. The said suspension order was revoked on 25.07.2012 and the petitioner was reinstated in the same block. He further submits that since the petitioner was suffering from Pelvic Inflammatory Disease (PID) and Sciatica

// 2 // with muscular sprain in both legs, the doctors of S.C.B. Medical College and Hospital, Cuttack advised him for complete rest. This was the reason for his absence in service which resulted for termination from service on 31.12.2020 because of such long absence. The petitioner being aggrieved by such termination order has approached the opposite party No.2- Director, Elementary Education, Odisha, Bhubaneswar which is pending since 17.09.2021.

5. In view of such facts narrated above, opposite party No.2Director, Elementary Education, Odisha, Bhubaneswar is directed to dispose of the representation of the petitioner by passing a reasoned order within a period of one month from the date of production/presentation of a certified copy of this order along with a copy of this writ petition.

6. Accordingly, this writ petition stands disposed of.

7. Urgent certified copy of this order be granted on proper application.

( S.K. Panigrahi) Judge BJ